277 So.3d 912
La. Ct. App.2019Background
- Defendant Rodriqus Harris, stepfather of victim T.B. (age 13), was convicted by jury of second-degree rape and molestation of a juvenile for multiple sexual assaults in July 2016.
- Trial resulted in convictions; initial sentence was 30 years (rape) with 2 years without benefits, plus 15 years (molestation) consecutive.
- State filed a second-felony habitual offender bill based on a 2005 armed robbery guilty plea; after habitual proceedings, court adjudicated Harris a second-felony offender and resentenced him to 45 years (rape) without benefits and 15 years consecutive (total 60 years).
- Harris filed a Simmons motion seeking free copies of various documents; he did not specifically identify or obtain the 2005 guilty-plea transcript before the habitual offender hearing.
- Harris moved to quash the habitual offender bill claiming his 2005 plea was not properly Boykinized; the trial court obtained and reviewed the Boykin colloquy transcript and denied the motion; Harris did not contemporaneously object.
- On appeal the court affirmed convictions and most sentences, held the habitual-offender adjudication valid, found the total sentence not excessive, but vacated the 45-year parole-withholding component and remanded to correct the parole restriction error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of habitual-offender adjudication (Simmons motion) | State: introduced certified documents and fingerprint ID to prove prior conviction and identity | Harris: trial court failed to provide transcript of 2005 guilty plea per his Simmons motion, so adjudication invalid | Court: Adjudication valid; Simmons motion did not sufficiently request the 2005 transcript and Harris waived objection by failing to timely object |
| Sufficiency of proof of prior conviction (Shelton shifting burden) | State: met initial burden with certified bill, minutes, fingerprint evidence showing plea and counsel | Harris: denial required State to produce perfect Boykin transcript proving informed plea | Court: State satisfied initial burden; Harris failed to produce affirmative evidence of plea infirmity, so no perfect transcript required |
| Excessive sentence (60 years total; consecutive terms) | Harris: sentence excessive; trial court failed to consider mitigating factors and did not order PSI | State: court considered factors, aggravation supports consecutive and lengthy sentences | Court: sentence not excessive; record shows aggravating factors, nature of crimes, victim age, abuse of trust; consecutive terms supported |
| Error patent — parole-eligibility restriction on habitual sentence | N/A | Trial court ordered entire 45-year habitual sentence without parole eligibility believing it was required | Court: Trial court erred by extending parole ineligibility to full 45 years; vacated that portion and remanded for resentencing on parole restriction only |
Key Cases Cited
- State ex rel. Simmons v. State, 647 So. 2d 1094 (La. 1994) (indigent defendants’ entitlement to certain free transcripts and documents)
- State v. Shelton, 621 So. 2d 769 (La. 1993) (burden-shifting framework for proving prior guilty pleas in habitual offender proceedings)
- State v. White, 130 So. 3d 298 (La. 2013) (prior convictions may be proved by any competent evidence)
- State v. Lanclos, 419 So. 2d 475 (La. 1982) (articulation requirement for sentence review and adequate factual basis avoids remand)
- State v. Dorthey, 623 So. 2d 1276 (La. 1993) (constitutional excessiveness standard for sentences)